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Section 14: Powers and functions of the Authority

The Uttar Pradesh Inland Waterways Authority Act, 2023State Act of Uttar Pradesh · Act 22 of 2023

14. (1) The Authority may,-

(a) act as a Nodal Authority for the purpose of implementation of the provisions, related to State Government, in the Inland Vessels Act, 2021 (Act no.24 of 2021);

(b) co-operate and co-ordinate with the Inland Waterways Authority of India in relation to the discharging of powers, functions or duties conferred upon it under the Inland Vessels Act, 2021(Act no.24 of 2021);

(c) regulate the activities of inland water transport and tourism, inland water port and terminal operation and services;

(d) regulate the construction or alteration of structures on, across or under the inland waterways;

(e) lay down standards for classification of inland waterways (other than national waterways);

(f) formulate and regulate tourist circuit route for river cruise operations;

(g) registrations and survey of inland vessels of all mechanised vessels and non-mechanised vessels;

(h) ensure compliance with prescribed safety and environmental laws/regulations for vessels, ports, terminals, navigation and other inland water transport and tourism activities;

(i) remove or alter any obstruction or impediment in the inland waterways and the appurtenant land which may impede the safe navigation or endanger the safety of infrastructural facilities or conservancy measures where such obstruction or impediment has been lawfully made or has become lawful by reason of long continuance of such obstruction or impediment or otherwise, after making compensation to person suffering damage by such removal or alteration;

(j) control activities such as throwing rubbish, dumping or removal of material, in or from the bed of the waterways and provide required reception facilities and refuelling ;

(k) determination and classification of catchment area of a river, lake and other water body within the territorial jurisdiction of Uttar Pradesh, and superintendence over and control of activities within the determined and defined catchment area;

(l) carry out conservancy measures for the safety and convenience of shipping and navigation and improvement of inland waterways;

(m) carry out hydrographic surveys and investigations for the development, maintenance and better utilization of inland waterways and publish river charts, providing navigation aids for day and night navigation including but not limited to radio communication;

(n) disseminate navigational meteorological information about inland waterways;

(o) ensure co-ordination of inland water transport on inland waterways with other modes of transport;

(p) establish and maintain pilotage on inland waterways that lie within the territory of Uttar Pradesh and in respect of which the Central Government has not specified anything;

(q) provide or permit any activity having relevance to shipping and navigation in the inland waters including setting up of infrastructural facilities, water tourism, dredging, river training, embankment et-cetera on inland waterways;

(r) regulate constructions of inland waterway terminals, loading and unloading to/from terminals and vessel to vessel transhipment on inland waterway routes;

(s) power to fix maximum rates for passenger fares and freight of goods for mechanized and non-mechanized inland vessels within the territorial jurisdiction of the state of Uttar Pradesh;

(t) regulation of pontoon bridges;

(u) carry out analysis of inland water traffic data and prepare annual reports on the overall inland waterways development in the State of Uttar Pradesh, make projections for inland waterways traffic demand in Uttar Pradesh, and assist vessel/cargo/ferry operators to draw up their expansion plans;

(v) conduct and engage in scientific and applied research in matters relating to water transport and tourism, and shipping and navigation;

(w) cause to establish a training institute as well as arrange program of technical training within and outside India for the purpose of capacity building of inland waterways transport service provider, inland vessels masters and crew, stakeholders, including officers and employees of the Authority;

(x) advise the State Government on matters relating to inland waterways, water transport and tourism;

(y) perform any other related functions as assigned to it by the State Government;

(z) frame regulations and detailed guidelines and issue executive instructions for its proper functioning;

(aa) furnish all the reports required under the provisions of this Act.

(2) Without prejudice to the generality of the provisions contained under subsection (1), the Authority may also:-

(a) approve and implement environmental, economic, safety management and emergency plans;

(b) recommend to the State Government amendments to this Act;

(c) promote multi modal transport system for benefit of consumers and trade;

(d) promote public private partnerships, private participation and outsourcing for effective implementation of this Act;

(e) take all necessary steps for exercise of any power or discharge of any function which may be incidental to this Act;

(f) carry out any other function, duty and responsibility which may be entrusted to it by the State Government;

(g) lay down minimum standards of quality of service to be provided by the inland water transport operators, ferry service providers, inland water traffic service providers; and

(h) monitor and enforce the set performance standards relating to continuity, reliability and quality of service.

(3) Any dispute arising out of or concerning the compensation referred to in clause (i) of sub-section (1) shall be determined according to the law relating to like disputes in the case of land required for public purposes.

Where this provision sits

ActThe Uttar Pradesh Inland Waterways Authority Act, 2023
Section14
Marginal notePowers and functions of the Authority
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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